case law index on evidence LAW OF EVIDENCE COMPILED BY SRIDHARABABU N Rules of evidence and Domestic tribunals:- Not governed

d by strict rules of evidence but rules of natural justice and ordinary principles of proof to be followed- AIR1976SC1080, AIR 1963 SC 375, AIR 1968 SC 236, Affidavits and O 19 of CPC:- Evidence by affidavit cannot be taken as evidence unless permitted by order 19 of cpc. Rule 3 of it says that affidavit should carefully express how much of the statement is within the personal knowledge and how much of it is on belief. The source of such information should be disclosed. AIR 1988 SC 1381, AIR 1952 SC 317, AIR 1956 CAL 496. Relevant fact: - The statement of witnesses to the effect that they heard from other persons at the scene of the offence immediately after the occurrence that the accused fired the gun is admissible as a relevant fact. AIR 1979 SC 22. Proof of fact: - The inference of proof of a fact in dispute, having been established, can be drawn from the given objective facts, direct or circumstantial AIR 1996 SC 1599. Paper cutting: - Paper cutting cannot be relied upon as evidence in proof of sale deed. AIR 1996 SC 2710. Result of investigation: - It is not a legal evidence, only finding of the guilt accused can be based only on the evidence produced during trial and not on the result of investigation by police. AIR 1997 SC 2485, AIR 1997 SC 2985. AIR 1971 SC 28. The mere fact that the prosecution witnesses are police officers is not enough to discard their evidence in the absence of their hostility to the accused. AIR 1973 SC 2783, AIR 1998 SC 1474. An accused is entitled to know from the I.O. what witnesses have been examined in the course of investigation, whether the witness examined in the court were examined by him or not, non examination of I.O. is a serious omission on the prosecution. AIR 1956 Mys 51 at 55. 1988 CrLJ 734, at 737. Non examination of the I.O. is of no consequence when the defence has failed to shake the credibility of the eye witness or to point out material contradiction in the prosecution case. AIR 2000 SC 1582. Discrepancy in the deposition of two police officers as to recovery and the independent witnesses, though available, having not been examined, such a discrepancy would not inspire confidence about the reliability of the prosecution case. AIR 1995 SC 2339 (P-4). Where the I.O. has taken pliable (weak) witnesses as panch witnesses knowingly, the entire raid would become suspect and evidence of police witnesses by themselves would not be sufficient to base conviction. 1994 CrLJ 1020 (P-8) (Bom), 1995 CrLJ 3623 (P-2) (SC). False defense: - Infirmity or lacuna in prosecution cannot be cured by false defense or plea. AIR 1984 SC1622, AIR 1988 SC 1766, AIR 1982 SC 1157, AIR 1981 SC 34, AIR 1981 SC 765, AIR 1982 SC 1227, AIR 1981 SC 1675.

 Circumstantial evidence:- Standard of proof- circumstances relied upon must be fully established-AIR 1960 SC 29. Chain of evidence furnished by those circumstances must be so far complete as not to leave any reasonable ground for a conclusion consistent with innocence of the accused 1997 CrLJ 3702 (Guj). and further it must be such as to show that within all human probability the act must have been done by the accused AIR 1971 SC 2016, and if two views are possible on such evidence, the view pointing towards the innocence of the accused is to be adopted. AIR 1983 SC 446, AIR 1984 SC 1622, AIR 1989 SC 1890 Court has to consider the total cumulative effect of all the proved facts each one of which re-enforces the conclusion of guilt. AIR 1970 SC 648. It is the cumulative result of all the circumstances which must unerringly point to the guilt of the accused and not one circumstance by itself. AIR 2001 SC 2677. Circumstances should exclude the possibility of guilt of a person other than the accused. AIR 1992 SC 2045, There is no difference between criminal and civil cases regarding admissibility of circumstantial evidence. AIR 1966 SC 1734. Appreciation of cir-evi cannot create presumption of guilt. AIR 1980 SC 1168. AIR 1980 SC 1382. Land acquisition cases: - The mere statement about the sales without examining the vendee or person attesting the sales, are not admissible in evidence for determining the value of the lands. AIR 1979 SC 472. Document:- Not produced in court but only document which has a reference of it is produced this is not a proof of that document AIR 1961 AP 495. Where there is conflict between oral testimony and documentary evidence, it is always desirable and safe to let the documents speak for themselves. AIR 1960 BOM 148. Judges view: - A judge is not entitled to allow his view or observation to take the place of evidence, because such view or observation of his cannot be tested by cross examination and the accused does not get an opportunity to furnish any explanation for the same. AIR 1956 SC 415. Tape-recorded evidence: - Requisites- conversation to be relevant- voice to be identifiable- accuracy to be proved by eliminating the possibility of of erasing the tape record. AIR 1973 SC 157. Must be sealed at the earliest point of time and not opened except under the orders of the court 1993 CrLJ 2863 (BOM). Para.11. Interested witness:- The term interested postulates that the person concerned must have some direct interest in seeing that the accused person is somehow or other convicted because he had some animus towards the accused. Evidence has to be weighed. AIR 1978 SC 1084. Where a witness was known both to the victim and accused, his evidence would be material and could not be criticized on the ground that, as he knew the father of the accused, he was an interested witness. AIR 2001 SC 1103. The evidence of interested witness has to be tested in the light of probabilities and the previous statements and the surrounding circumstances. AIR 1994 SC 549. The mere fact that a witness had good neighbourly relations with the deceased is no ground to discard his evidence. AIR 1991 SC 1853. The evidence of the eyewitness could not be discarded simply because they were known to the younger brother of the deceased. AIR 1996 SC

3098. The testimony of an interested witness must be viewed with a high degree of caution and the court must also look for independent corroboration. 2000 CrLJ 430 (P-11) (Kant) St of Kant V sheik khader. There is no rule of law to the effect that the evidence of partisan witness cannot be accepted. Interested evidence is not necessarily false, but is accepted with caution. AIR 1988 SC 1028, AIR 1985 SC 1092. The evidence of interested witness should however be scrutinized with care. AIR 1980 SC 443, AIR 1978 SC 191, AIR 1977 SC 2274, AIR 1975 SC 216, AIR 1997 SC 2835, AIR 1993 SC 1544, AIR 1999 SC 1776. Where the incident had taken place in broad day light and there was no reason to falsely implicate the accused, the testimony of interested witness could not be brushed aside. AIR 1965 SC 202, AIR 1965 SC 328. Where a witness sustained an injury at the time of occurrence and gave consistent version as given in the FIR and the accused also admitted his presence at the scene, his evidence cannot be rejected as interested witness. AIR 1989 SC 1822. No infirmity in evidence of interested witnesses, cant be disbelieved merely for being related to the deceased, AIR 1996 SC 3265. Testimony of eye witness cannot be discarded merely because of their being interested witness. AIR 1973 SC 2407, AIR 1965 SC 202, AIR 1957 SC 614, AIR 1994 SC 1459. When the witness who is interested in the deceased made improvements in the prosecution case propounded by them from the time of investigation stage, their evidence cannot be relied upon. AIR 1981 SC 1223. Where the offence was the outcome of faction and the eye witness are interested persons, their evidence has to be examined in the light of other evidence. AIR 1992 SC 950. Their evidence has to be scrutinized, carefully and rejected if it is tainted with falsehood. AIR 1974, AIR 1969 SC 1034, AIR 1965 SC 1179, AIR 1959 SC 200. The evidence of independent witness who is neither connected with the accused nor to witness, cannot be doubted. AIR 2000 SC 3480. Credibility of witness:- The credibility of a witness depends upon knowledge of the facts he testifies, his disinterestedness, his integrity and how he stood the test of cross examination. AIR 1957 SC 199. Where nothing is elicited in cross-examination to dis credit witness, merely he is residing far away and he has no reason to be present there at that time is no ground to reject evidence. AIR 1997 SC 2828, AIR 1999 SC 994(P-5). In case of police raid and search, acquaintance of the independent witness with the police and the fact that he helped the police in the action would not by itself discredit his evidence. 1998 CrLJ 863 (SC) (P-10). Related witness: - They may not spare the real culprit AIR 1974 SC 839, 2165,276. AIR 1971 SC 1656, AIR 1977 SC1085. Court should scrutinize that evidence carefully AIR 1996 SC 3429 Evidence as to murder and dacoity, by inmates and relatives of deceased is natural witness. AIR 1953 SC 364, AIR 1980 SC 184, AIR 1977 SC 472, 2001 CrLJ 3299 (Para-6) (sc). Eye-witness is closely related to the victim, his evidence is to be closely scrutinized but corroboration is not necessary for acceptance of such evidence. AIR 1965 SC 328 In related witness whether corroboration is necessary or not will depend on the particular facts and circumstance of the case. AIR 1953 SC 364, AIR1965 SC 328. The evidence should not be accepted without due care and caution and without corroboration. AIR 1960 SC 1340. AIR 1984 SC 1622 It cannot be discarded mechanically AIR 1965 SC 202.

 Where the witnesses belonged to the party of the deceased, it would not be safe to rely upon their evidence without finding independent corroboration for their testimony.1993 CrLJ 2609 (P-17)(SC) St of Kant V Bheemappa. AIR 1993 SC 2644. Mere relationship is no ground for rejection of evidence- AIR 1985 SC 1384, AIR 1983 SC 1081, AIR 1981 SC 942, AIR 1981 SC 1390, AIR 1981 SC 2073, AIR 1975 SC 1501, AIR 1979 SC 702, AIR 1979 SC 1822, AIR 1992 SC 891, AIR1992 SC 1011, AIR 1972 SC 1172, AIR 1971 SC 460, AIR 1953 SC 364. Dowry case:- The petitioners coerced her concerning demand of dowry at ganganagar, court at jind had no jurisdiction. 1994 (1) Crimes Pun-Har 390Rakesh Kumar VS State of Haryana. Having regard to dominant object of the act which is to stamp out the practice of demanding dowry. AIR 1983 SC 1219. It is nobodys case that articles were agreed to be given to the accused after the marriage as consideration for marriage. Nanjanna vs State of Karnataka 1987(2) CrLJ Karn 1386, 1986(2) KarLJ 463, 1987(1) Crimes 210. If the dowry items are not demanded as consideration for the marriage they would not constitute dowry. Harbans Singh vs Smt Gurcharan Kaur 1990 CrLJ Del 1591. Dowry demand- consideration for marriage- consideration as defined under contract Act AIR 1982 Pun&Har 372 (FB). T.K.Narayanaswamy vs State of Karnataka 1991 CrLJ Karn 2115. When the alleged demand at the relevant time did not fall within that definition, the rule of presumption under section 8A of DP Act cannot be made use against the accused. 1993 (1) Crimes (MP) 764. Independent witness:- Where the evidence of eye witnesses was found creditworthy, non-examination of independent witness does not affect the prosecution case more so when the incident had taken place suddenly and the people in the nearby place might not have seen the actual attack and might not have known the assailants as they belonged to another village. AIR 1994 SC 1029. Turning hostile of the independent witnesses itself cannot be a ground for the acquittal of the accused. AIR 2001 SC 229. Where no independent witness was available and other witnesses had turned hostile, the evidence of the police witnesses, being reliable, could form basis of conviction. AIR 1999 SC 2259, 1993 CrLJ 3844 (P-15) (Bom). Trap case:- Evidence of trap case witnesses should be scrutinized with extra care. AIR 1976 SC 294 , AIR 1976 SC 449 , AIR 1973 SC 498. Poor and illiterate witness:- Fabric of truth should be the guiding factor, and not the village or rustic background of the witness. AIR 1973 SC 2622. AIR 1975 SC 246. It is not proper to presume that persons holding clerical posts cannot act as independent witnesses AIR 1980 SC 873. Evidence has to be judged on merits, and it does not matter whether the witness is poor or wealthy person. AIR 1965 Mys 264. The evidence of illiterate and ignorant eye witness shall not be rejected on the ground that there are minor contradictions in the evidence. AIR 1976 SC 1541. There is a limit to extend the benefit of illiteracy to such a witness. It should not induce the court to ignore the infirmities in his evidence and to fill in the lacuna in prosecution case. AIR 1974 SC 873.

 Criminal background of witness:- A previous convict can testify AIR 1977 SC 701, AIR 1976 SC 2588, 1964 (1) MysLJ 393. Where a witness stated that the accused sold goods to him, his testimony cannot be disregarded merely on the ground that he was a habitual receiver of stolen property. 1966 CrLJ 848 (Mys) The evidence of a public servant should not be discarded as unreliable merely because he was previously suspended. 1976 CrLJ 274. Eye witness :- The court cannot proceed on the hypothesis that eye witnesses are implicitly reliable. Every piece of evidence has to be subjected to the test of objectivity. AIR 1974 SC 1936. Considerations to asses eye-witness evidence (1) whether in the circumstances of the case, is it possible to believe his presence at the scene of occurrence or in such situations as would make it possible for him to witness the fact deposed by him and (2) whether there is anything inherently improbable or unreliable in his evidence. AIR 1996 SC 3073, State of Mysore vs Raju Shetty (1961) 1 CrLJ 403, Where the eye witnesses were most natural witnesses, giving benefit of doubt to one accused and acquitting him would not affect the evidence of those witnesses.AIR 1993 SC 1386. Where the presence of eye witnesses on the spot was found to be natural and there was nothing to show that they were deposing falsely, their testimony could not be discarded even though they had bad antecedents. AIR 1996 SC 3265. The evidence of eye witness, if accepted, is sufficient to warrant a conviction, though in appropriate cases the court may, as a measure of caution, require some confirming circumstances by way of corroboration AIR 1985 SC 866, The presence of the eye witness on the scene of occurrence cannot be doubted merely because they saw lesser number of blows being dealt than actually found on the person of the victim. 1996 CrLJ 305 (MP). Where no explanation of the bleeding wound on the head of the accused was given by the eye witnesses, it was held to be sufficient for the acquittal. 1997 CrLJ 3839 (BOM), AIR 1976 SC 2263. Where the defence failed to explain how the eye witnesses sustain injuries, conviction was not interfered, AIR 1997 SC 2985. Where the evidence is of the only eye witness to connect the accused with the crime and when the witness gives different version in the committing court and in the sessions court, it would be a good ground for acquitting the accused. AIR 1967 SC 1027. It is not safe to base the conviction on the sole evidence of an eye witness unless some corroboration is found in the other evidence or material record. AIR 1972 SC 1309. Where the only eye witness brother of the deceased stated that hands of the deceased were bound forcibly by the accused and shot dead, and the medical evidence by the doctor was that he had not note or find any imprint of rope on the wrist of the dead body, it was held by SC that it was hardly a ground for rejecting the evidence of the eye witness. AIR 1981 SC 936. Where the evidence of the sole eye witness was found to be infirm, accused was entitled to acquittal. AIR 1994 SC 542. It is not proper for the court to disregard the evidence of important eyewitnesses on general grounds or probabilities, without examining the intrinsic merits of their evidence. AIR 1981 SC 1442. The witness failed to give consistent and detailed account of their injuries and made improvements, the same was held to be no ground to acquit the accused. AIR 1994 SC 1187. The evidence of an eyewitness cannot be disregarded only on the ground that he did not intervene to save the deceased. AIR 1981 SC 1227. Evidence of eyewitness cannot be discarded on the basis of vague evidence of other witness who was subsequently treated as hostile. AIR 1994 SC 561. Where the presence of eye

witnesses at the place of occurrence was proved, their evidence could not be disbelieved merely because they happened to be relation of the deceased. AIR 1998 SC 2903. An eyewitness cannot be disbelieved merely because he has not been examined by the prosecution or that he has not given any statement to the police before he was examined in the case. AIR 1993 MP 79. In the face of evidence of eye witnesses mere suspicion that the grandson of the deceased had the motive to commit the offence as he wanted to get the property of the deceased old woman was held not sufficient to discredit the eye witnesses. AIR 1992 SC 1579. When the version of eye witness is corroborated by expert evidence (medical or forensic) , the motive is strong-conviction proper. AIR 1993 SC 2654, 1487, 2473. AIR 1994 SC 503, AIR 1996 SC 3431. AIR 1973 SC 512 Corroborated evidence of eyewitnesses cannot be discarded merely because of some contradictions in their depositions. AIR 1997 SC 234, AIR 1997 SC 2828. Evidence of eyewitness, the son of deceased, natural, corroborated, reliable. AIR 1997 SC 1843, Evidence of eyewitness cannot be rejected on the ground that she did not give details of occurrence in her evidence under section 161 & 164 Cr.P.C. AIR 1994 SC 826. Where an eyewitness did not come forward and tell the I.O, but gave evidence long after in court, his omission to inform I.O condemns testimony as an after thought. AIR 1975 SC 216. Where the eye witness failed to identify one of the nine accused persons, benefit of doubt should go to that one accused and not to others. AIR 1997 SC 1160. Uncorroborated evidence of the sole witness is itself not sufficient to warrant conviction. AIR 1982 SC 1595. Veracity of an eyewitness cannot be doubted on the ground that no independent witnesses from the nearby places were examined by the prosecution. AIR 1998 SC 2606. Where the sole alleged eyewitness of murder, a close relative of the deceased, made no attempt to save him and his statement about the time of occurrence was contradictory to the medical evidence could not be relied upon without some independent corroboration. AIR 1993 SC 1462. Where an eyewitness gave a dramatic account of the incident with minute details of the attack on each victim, but admitted in the cross examination that he was also attacked simultaneously, it was held such evidence of eye of the eyewitness cannot be relied on. AIR 1981 SC 1230. Where direct evidence is cogent, reliable and unimpeachable, the medical evidence cannot override. AIR 1988 SC 2154, Distinguishing AIR 1977 SC 1753. Where the testimony of eyewitness was clouded with grave suspicion and discrepancy in material particulars, it was unsafe to record conviction on his testimony. AIR 1994 SC 1251. Where there is no serious discrepancies in the testimony of eyewitness and the facts stated in FIR, regarding time, place, and the manner of occurrence including the name of the assailant, and it is corroborated with medical evidence, witness reliable, small discrepancy does not warrant rejection of his evidence. 1988 CrLJ 1477. AIR 1994 SC 969. Where nothing is elicited in the cross examination of the eye witnesses to impeach their testimony, it could not be discarded merely because they are the relatives of the deceased. AIR 1999 SC 994. Where the two eyewitnesses contradicted each other on the material particulars of the offence, and their subsequent behaviour was also abnormal, it was held that conviction based on their evidence could not be sustained. 1984 CrLJ 528. Conflicting versions of eye witnesses as to time and place of occurrence and nature of injuries to deceased. 2001 CrLJ 3798 (P-9&11) (Ori). Injured Witness :- Before the evidence of injured witness can be accepted, the court should be satisfied that he is a truthful witness and the account furnished by

him is in consonance with probabilities.2000 CrLJ 1566 (P-16) (Bom) The witness who himself received injuries of serious nature during assault would not let go culprits. 1993 CrLJ 2609.(P-17) (Kar) (SC) . (TO BE UPDATED BY AUTHOR FROM TIME TO TIME)